POLK COUNTY DEVELOPMENT REVIEW COMMITTEE STAFF REPORT. Level of Review: Type: Case Numbers: Old Case Number: Case Name: Case Planner:

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1 POLK COUNTY DEVELOPMENT REVIEW COMMITTEE STAFF REPORT DRC Date: February 22, 2018 PC Date: July 11, 2018 BoCC Date: September 4, 2018 (De Novo Hearing) Applicant: Hallam Properties, LLC Request: Location: Property Owner: Parcel Size: Development Area: Land Use Designation: Nearest Municipality: DRC Recommendation: Level of Review: Type: Case Numbers: Old Case Number: Case Name: Case Planner: 3 Planned Development Modification LDPD PD 04-16M/DMS #60070 Hallam Preserve Brigitte D Orval The applicant is requesting a modification to Phase J of PD 0416M. This will be an increase from 13 to 79 single-family lots. A reduction in lot size from 30,000 to 6,500 square feet which includes setbacks of 15 feet from right-of-way, 5 feet on the side and 15 from the rear. Site is located on the south side of County Road 540A, east of Carter Road and south of Lakeland, in Sections 19 and 20, Township 29, and Range 24. Hallam Properties, LLC ± total acres, /- acres for Phase J only Transit Supportive Development Area (TSDA) Residential Low-3 (RL-3) City of Lakeland is located approximately 1 ½ miles to the north of the subject site. Approval Aerial Map Location Map Site De Novo Hearing Staff Report Level 3/bgd 8/8/2018 3:48:31 PM PD 04-16M (LDPD ) Page 1 of 17 September 4, 2018

2 Summary: PD (LDPD ) was approved for 400 single-family lots on approximately 226 acres in the Residential Low-1 (RL-1) and Residential Low-3 (RL-3) land use districts. In 2005, a conservation easement that included management of pine flatwoods to improve habitat quality for the gopher tortoise and other species was created on the parcel known today as Hallam Preserve Phase J. In 2007, Phase J of Hallam Preserve was approved for 13 lots with a lot size of 30,000 square feet. In 2015, the Hallam Conservation Easement was granted in compliance with and the permit for taking of gopher tortoises and their borrows with respect to development of a parcel of land know as Hallam Preserve Phase J. The termination of the conservation easement was released by the holder, Florida Fish and Wildlife Conservation Commission and recorded on March 19, 2015 (Exhibit 5). Therefore, the applicant is currently requesting to modify planned development PD 04-16, which includes an increase from 13 to 79 single-family lots with minimum lot sizes of 6,500 square feet. In addition, the setbacks will be 15 feet from rights-of-way, 5 feet on the side and 15 feet from the rear. Findings of Fact The applicant is requesting a major modification to Planned Development (Phase J), to increase from 13 to 79 single-family lots. A reduction in lot size from 30,000 to 6,500 square feet which includes setbacks of 15 feet from right-of-way, 5 feet on the side and 15 from the rear. The subject site is approximately acres in size and located in the Residential Low-3 (RL-3) Future Land Use districts. Per Section 906.F. of the Polk County Land Development Code, Major Modifications to Level 3 Review approvals shall be reviewed pursuant to Section 906, Level 3 Review. Presently, the site is unimproved pasture and scrub habitat. The surrounding development includes several single-family residential developments. Hallam Preserve to the east, Highland Station to the North, Ashton Woods to the south and Mikasuki to the west. Carter Road which is link 8079 E/W is the nearest monitored link by the Polk County s Transportation Planning Organization for Level of Service. Link 8079E/W is operating at a Level-of-Service (LOS) of C with and adopted LOS of D. There is adequate available capacity to support the request without creating a LOS deficiency. The site is located within the sidewalk overlay district. As established in the original PD approval, the applicant shall provide a sidewalk along one side of the boulevard roadway and along one side of all internal roadways. The closest major surface water is Scott Lake, which is one-half of a mile to the north of the subject property. De Novo Hearing Staff Report Page 2 of 17

3 According to the 2030 Comprehensive Plan Map Series Airport Impact District Map, the site is not located within any Height Notification Zone for any public or private airport within Polk County. The subject site is located in the Transit Development Area (TSDA), which are those areas where the availability of infrastructure and other community facilities and services, including, but not limited to, mass transit and other transportation alternatives, utilities, public safety, recreational and educational services, promotes and supports the location of higher density and intensity, compact, mixed use development in close proximity to the development in the adjacent TSDAs; according to POLICY A1 of the Polk County Comprehensive Plan. The soil contains eight soil types: Duette Fine Sand, St. Lucie Fine Sand, Placid and Myakka Fine Sand, Smyrna and Myakka Fine Sand, Oma Fine Sand, Zolfo Fine Sand, Adamsville Fine Sand, Immokalee Sand. Four of the identified soils have severe limitations for buildings without basements and septic systems due to severe wetness. Site specific engineering and analysis of the soils will be required for development. The nearest Fire Station and EMS is #480, located at 2523 Ewell Road, in Lakeland. It is a career fire station approximately 4 miles west of the subject site. The nearest Sheriff s substation (Southwest District Headquarters 4120 U.S. Highway 98 South. Lakeland) is located approximately 6 miles northeast of the subject site. Development Review Committee Development Review Committee, based on information provided with the proposed development application, finds that the proposed request IS COMPATIBLE with the surrounding land uses and general character of the area and IS CONSISTENT with the Polk County Land Development Code and the Polk County Comprehensive Plan. Development Review Committee Recommendation: Based upon the findings of fact, the information provided by the applicant, and a recent site visit, the Development Review Committee recommends APPROVAL of PD 04-16M (LDPD ) with conditions. CONDITIONS OF APPROVAL Based upon the findings of fact the Development Review Committee recommends APPROVAL of PD 04-16M (LDPD ) with the following list of conditions: 1. All previous conditions of approval are null and void unless restated herein. [PLG] 2. The applicant shall provide sidewalks along one side of the boulevard roadway and along one side of all other internal roadways. The sidewalk network shall also connect the pedestrian connections from Eaglebrooke North and Highlands-In-The-Woods to the sidewalks along the boulevard roadway.[plg] 3. The following dimensional standards shall apply to the proposed development (those denoted with an asterisk (*) indicated a variance from the minimum requirements of the Land Development Code: [PLG] De Novo Hearing Staff Report Page 3 of 17

4 Area and Lot Count Minimum Lot Size Principle Building Setbacks Front Side Rear Area A 76 lots 8,400 sq. ft. * Area B 59 lots 6,000 sq. ft. * Area C 20 lots 10,000 sq. ft. * Area D 24 lots 10,000 sq. ft. * Area E 19 lots 15,000 sq. ft. * Area F 24 lots 15,000 sq. ft. * Area G 22 lots 11,000 sq. ft. * Area H 133 lots 8,400 sq. ft. * Area I - 10 lots 8,400 sq. ft. * Area J - 79 lots 6,500 sq. ft. * If not stated in the table above, the minimum requirements of the Land Development Code for the respective underlying land use district shall apply. 5. The entire project s land within the 750 feet eagle protection radius and those areas identified as open space/preservation on the site plan shall be platted as Preservation and deeded to the homeowner s association or similar responsible entity upon its inception. [Completed] 6. Clearing and grubbing of the site, exclusive of what is necessary for site planning, shall not commence until the necessary water management district permits are issued. [PLG] 7. The applicant shall have a qualified professional conduct a site walkover and provide a protected species inventory list, prior to land clearing or grubbing. If any protected species are found, a site approved method of mitigation shall be completed prior to land clearing or site preparation. [Completed] 8. All Hallam easements, or public easements for right-of-way not utilized as public rightof-way on the subject property shall be vacated prior to Level 5 Review approval. Should the Board not approve the vacation of the Hallam easements or public easements for right-of-way, this Planned Development shall not interfere with or impede access to or use of said easements in any manner. [PLG] 9. The applicant shall submit a revised traffic study prior to Level 2 Review approval for Phase II for all 455 units proposed. [Completed] 10. Provide a minimum of 40 feet of right-of-way from the centerline of Carter Road and include the 30 x 30 clear site triangle at the subdivision entrance to the required rightof-way. [ENG] 11. Project is located in a stressed drainage basin. Site shall not exceed the volume and rate of flow of runoff produced by conditions existing before development or redevelopment, 100 year, 24 hour, storm pond will be required. [NR] 12. The applicant shall submit a revised binding site plan reflecting all conditions of approval herein prior to Level 2 Review approval. [PLG] De Novo Hearing Staff Report Page 4 of 17

5 GENERAL NOTES NOTE: NOTE: NOTE: NOTE: NOTE: This staff report was prepared without the benefit of testimony and evidence submitted by the public and other parties at a public hearing. Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with LDC Section 930 D. All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the Land Development Division, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Comprehensive Plan, LDC or other development regulations in effect at the time of development. Approval of this request is only for Level 3 Review and only for those development decisions within the Planning Commissioners jurisdiction. A Level 2 Review (engineered plans) will be required reflecting the standard conditions listed in Section 303 of the Land Development Code and the development standards listed in Chapter 7 of the Land Development Code. Upon completion of the Level 2 Process, building permits will be required for all structures in accordance with Chapter 553 of the Florida Statutes. Issuance of a development permit by the county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Surrounding Land Use Designations and Current Land Use Activity Northwest: RL-3; Single-family homes West: RL-3; Single-family homes Southwest: RL-3; Single-family homes North: RL-3 & CC; Duplex, shopping center Subject Property: RL-3; Vacant land South: RL-3; Single-family homes Northeast: RL-3 & CC; Dog park, landscape nursery East: RL-3; Single-family homes Southeast: RL-3; Single family homes Source: GIS Data Viewer and field visit Compatibility with the Surrounding Land Uses: A. Land Uses: The proposed site is located within the RL-3 Future Land Use designations. There is commercial and duplexes to the north. The majority of the surrounding property is also within RL-3 categories and is developed with single-family residential units or has approval for such development. The lot sizes in the area vary from under 5,500 sq. ft. to over one acre. The existing subdivisions to the east and west average between 10,000 sq. ft. and 15,000 sq. ft. The lots to the east within Eaglebrooke average 5,500 to 15,000 sq. ft. B. Infrastructure: This site is within the TSDA and is served by Polk County Utilities for potable water and wastewater. County Road 540-A provides the site with access and was expanded to four-lanes in Carter Road also provides the site with access to area J, this roadway is a two-lane local roadway with no planned improvements. Police, fire, and EMS are within proximity to the site. De Novo Hearing Staff Report Page 5 of 17

6 Nearest and Zoned Elementary, Middle, and High School This request is to modify an existing planned development and reduce the setbacks. The impacted schools and related capacities for these schools have been provided in the table below. Name of School Approximate Distance From Subject Site October 2017 Enrollment Concurrency Capacity Scott Lake Elementary School 1 ± miles (92%) Lakeland Highlands Middle School 3 ± miles 1,223 1,319 (92%) George Jenkins High School 2 ± miles 2,338 2,784 (84%) When the planned development was approved, the student population for the undeveloped lots within Hallam Preserve subdivision was accounted for at that time. The increase from 13 to 79 will result in approximately 11 more elementary, 6 middle and high school students on average. Nearest Sheriff, Fire, and EMS Station Fire and ambulance response to this project is from Polk County Fire Rescue Station #2, 2523 Ewell Rd, Lakeland, FL The travel distance to the entrance is approximately 3.4 miles. Response times to this entrance are expected to average 7 minutes. Response times can vary significantly based on many factors. Conditional approval is given noting that specific requirements from the Fire Prevention Bureau regarding fire and life safety codes may also have to be met. Name of Station Sheriff Southwest Regional District Headquarter 4120 U.S. 98 South, Lakeland Fire Fire Station #480 (24/7) 2523 Ewell Road, Lakeland EMS EMS Station #480 (24/7) 2523 Ewell Road, Lakeland Response times vary for the aforementioned services depending on the nature of the call and on the location of these services. The proposed increase from 13 to 79 single-family dwelling units will contribute to an overall increase in demand but not significantly. However, the reduction to side and rear setbacks for the proposed development will not further impact these services since the units will increase by 66 in relation to the number of dwelling units proposed. Water and Wastewater Demand and Capacity: Approximate Distance From Subject Site 6 miles 4 miles 4 miles The site is located within the TSDA. TSDA s are areas that are developed to serve as foundation from which a future urban pattern is established, and provide areas for development at urban densities and intensities. In addition, TSDA s are served or planned to be served within the next ten years by County-owned, municipal, or County-franchised centralized sanitary sewer and potable water systems. According to the applicant, Polk County will provide potable water and sewer to the PD as development occurs. De Novo Hearing Staff Report Page 6 of 17

7 A. Service Provider: Polk County Utilities will provide the potable water and sewer service needs for the subdivision. The Southwest Regional Utility Service Area will provide the service capacity for this development. The Southwest Utility Service Area is permitted for 6,780,200 GPD of water capacity. Current flow is at approximately 3,165,000 GPD. There is approximately 412,000 GPD allocated to projects with entitlements leaving 3,203,200 GPD in uncommitted capacity. The Southwest Wastewater Treatment Plant is permitted to treat 4,000,000 GPD with 2,097,000 available with improvements to the plant. Current flow is approximately 1,903,000 GPD. There is 234,000 GPD of committed capacity to entitled projects leaving 393,000 GPD of uncommitted capacity. The system growth rate is approximately 122 gallons of water and 87 gallons of wastewater more per day. At the current rate of growth there is over 20.0 years of capacity remaining in the water system and wastewater without the programed improvements. B. Available Capacity: The standard estimate for single family dwellings in Polk County has been well established at 360 gallons per day of water per unit and 270 GPD per unit for wastewater. The net impact of this request is shown in table 4 to follow. Phase J of this development was estimated to require approximately 28,440 gallons per day of potable water and generate 21,330 gallons per day of wastewater. Prior to Level 2 approval of each phase, the applicant shall be required to demonstrate that available capacity is present. Proposed Site 28 ± Acres (RL-3) Permitted Density/ Maximum number of Lots Estimated Impact Analysis (Residential / Commercial) (Existing Land Use Designation) (Maximum Density / usage) (Proposed Site Plan) 3 du per acre = 84 units 140 units (density of 5 du/acre) through a PD with maximum bonus points 79 single-family units Potable Water Consumption 30,240 GPD 50,400 GPD 28,440 GPD Wastewater Generation 22,680 GPD 37,800 GPD 21,330 GPD Source: Polk County Concurrency Manual C. Planned Improvements: This development will not require system improvements beyond the normal line extensions, lift stations and possible pumping facilities. Roadways/ Transportation Network A. Capacity: CR 540-A and Carter Road are the directly affected links within the County s Concurrency Network Database. This development will generate approximately 617 daily trips and 79 peak hour trips. Currently, both CR 540-A (Link #4041 and 4162) and Carter Road (Link #8079) have enough capacity to handle the estimated trips that this development will generate. De Novo Hearing Staff Report Page 7 of 17

8 Link # Direction Road Name & Link Description Current LOS Available Capacity* Minimum LOS Standard 4162 East CR 540-A between CR 37B (Lakeland Highlands Road) & US 98 B 847 D 4162 West CR 540-A between CR 37B (Lakeland Highlands Road) & US 98 B 882 D 4041 East CR 540-A between SR 37 (S. Florida Ave.) & CR 37B (Lakeland Highlands Road) B 635 D 4041 West CR 540-A between SR 37 (S. Florida Ave.) & CR 37B (Lakeland Highlands Road) B 590 D 8079 East Carter Road between SR 37 (S. Florida Ave.) & CR540-A B 283 D 8079 West Carter Road between SR 37 (S. Florida Ave.) & CR540-A B 302 D Source: Polk County Transportation Planning Organization, Concurrency Roadway Network Database November 15, 2017 B. Roadway Conditions: CR 540-A is a four-lane, 24 foot wide road, classified as an Urban Collector, rated in excellent condition and is also operating within its adopted level-of-service. The addition of 79 PM peak hour trips are within the available capacity for the directly affected link. Proposed Site 28 ± Acres (RL-3) Estimated Impact Analysis (Residential / Commercial) (Existing Land Use Designation) (Maximum Density / usage) (Proposed Site Plan) Permitted Density/ 5 du per acre with bonus 3 du per acre = 84 units Maximum number of Lots points = 140 units 79 single family units Average Annual Daily Trips 656 1, (AADT) PM Peak Hour Trips Source: Polk County Concurrency Manual and Institute of Transportation Engineers (ITE) Rates - AADT = 7.81 per du & PM/Peak = 1.01 per du C. Planned Improvements: The PD was approved with two access points for the development, the main access from CR 540-A and a secondary access from Carter Road. Improvements may be required by the Land Development Engineering Division prior to Level 2 approval of the undeveloped phases. Environmental Conditions A. Surface Water: The applicant has stated that there will be no alteration to the site s natural drainage. In addition, the development plan is designed to incorporate the site s existing topography and drainage patterns. A stormwater management facility will be constructed in accordance with all applicable county and Southwest Florida Water Management District regulations. According to the applicant, other than constructing the required storm water management facilities, there will not be major alterations to the site s natural drainage features. The natural grade of the property is from the southeast to the northwest. The county manages a drainage structure on the north end abutting the property. That is the projected drainage outfall for flow in excess of a 25 year/24 hour storm event. De Novo Hearing Staff Report Page 8 of 17

9 B. Wetlands/Floodplains: The applicant has stated that the wetlands will be maintained as open space and preservation. No lots will be created totally within the 100-year floodplain. The site plans shows approximately 40% of open space. C. Wells (Public/Private) There are no known wells on the subject property. D. Airports: The subject site is not within an airport buffer zone. E. Soils: Soil Name Dwellings w/o Basements Septic Tank Limitations Duette Fine Sand Slight Moderate wetness St. Lucie Fine Sand Slight Slight Placid and Myakka Fine Sand Severe Severe ponding, poor filter Smyrna and Myakka Fine Sand Severe Severe wetness, poor filter Zolfo Fine Sand Moderate Severe wetness, poor filter Adamsville Fine Sand Moderate Severe wetness, poor filter Immokalee Sand Severe Severe wetness Source: Soil Survey of Polk County, Florida There are seven soil types as noted in the above table. Three of the identified soils have severe limitation for buildings without basements and septic limitations that result in severe wetness or ponding. Site specific engineering and analysis of the soils will be required in order to ensure the soils are stable for development. Since this development will be connecting to centralized sewer, information on soil limitation for septic tank systems is not relevant to this request. F. Protected Species: The applicant has disclosed that the site contains an eagle s nest on the northwestern portion of the site. In 2010, the eagle s nest moved to a new location, farther north, after the original PD approval (June 8, 2004). The applicant has provided the nest location in state plane coordinates: N 1,315,232.6, E - 674, As such, a new protection radius is reflected on the plan. According to the Florida Natural Area Inventory Map, the proposed site is within three endangered habitat buffers, including for plants, animals and communities. The site is in compliance with the relocation of the gopher tortorise and therefore the conservation easement on Phase J was terminated in De Novo Hearing Staff Report Page 9 of 17

10 Park Facilities: The subject property is within 1 ¼ mile of Christina Park and two miles from Carter Road Park with a sidewalk network which is in place that connects the developments to both. The development will also feature a large centrally located recreation area. Amenities include ballfields, courts, tot lots and an extensive unpaved nature walking path and a paved walking path. Economic Factors: In the short term, the proposed development will result in an increase in construction jobs. The project will also likely increase taxes generated from this area, that will be needed to offset an increased demand upon infrastructure such as roadways, transit, fire, EMS, and Sheriff, to name a few. Consistency with Comprehensive Plan: The request is consistent with the Comprehensive Plan and the Land Development Code and is consistent with policies relating to compatibility, location, distribution, timing, and Urban Growth Area development criteria (see Table 6 below: Consistency with the Comprehensive Plan). Table 6 Comprehensive Plan Policy POLICY A2: COMPATIBILITY - Land shall be developed so that adjacent uses are compatible with each other, pursuant to the requirements of other Policies in this Future Land Use Element, so that one or more of the following provisions are accomplished: a. there have been provisions made which buffer incompatible uses from dissimilar uses; b. incompatible uses are made to be more compatible to each other through limiting the intensity and scale of the more intense use; c. uses are transitioned through a gradual scaling of different land use activities through the use of innovative development techniques such as a Planned Unit Development. POLICY A1: DEVELOPMENT LOCATION Polk County shall promote contiguous and compact growth patterns through the development process to minimize energy costs, conserve land, water, and natural resources, minimize the cost of services, and prevent development patterns where tracts of land are by-passed in favor of development more distant from services and existing Communities. POLICY A3: DISTRIBUTION - Development shall be distributed throughout the County consistently with this Future Land Use Element so that the public utility, other community services, and public transit and transportation systems can be efficiently utilized; and compact, high-density and intensity development is located where urban services can be made available. Consistency Analysis The proposed Planned Development (PD) is surrounded by residential land uses that consist of single-family residences, which are compatible with the request. There is existing social and physical infrastructure in place to accommodate such development; therefore, reducing the financial burden of the county and this reduces the impact on the environment as no new services and infrastructure has to be built. The PD is being proposed in an area of the county that contains adequate public utilities and community services. De Novo Hearing Staff Report Page 10 of 17

11 Comprehensive Plan Policy POLICY A4: TIMING - The development of land shall be timed and staged in conjunction with the cost-effective and efficient provision of supporting community services which, at a minimum, shall require compliance with the Plan's Level of Service requirements and the County's concurrency management system. POLICY A1 d. DESCRIPTION - be those areas where the availability of infrastructure and other community facilities and services, including, but not limited to mass transit and other transportation alternatives, utilities, public safety, recreational and educational services, promotes and supports the location of higher density and intensity compact, mixed use development in close proximity to the development in the adjacent TSDAs; Consistency Analysis There is existing social and physical infrastructure in place to accommodate such development; therefore, reducing the financial burden of the county and this reduces the impact on the environment as no new services and infrastructure has to be built. There are water and sewer services available with available capacity. There is available school capacity and adequate public safety services to serve the site. Comments from other Agencies: None. Exhibits: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Location Map 2017 Aerial Photo Future Land Use Map Site Plan Release & Termination of Conservation Easement De Novo Hearing Staff Report Page 11 of 17

12 Exhibit 1 Subject Site Location Map De Novo Hearing Staff Report Page 12 of 17

13 Exhibit 2 Scott Lake Christina Park CR 540A Scott Lake Elementary SITE Hallam Preserve Christina Eagle Brooke Carter Road Carter Road Park 2017 Aerial Photo De Novo Hearing Staff Report Page 13 of 17

14 Exhibit 3 RL-3 RL-1 Future Land Use Map De Novo Hearing Staff Report Page 14 of 17

15 Exhibit 4 Site Plan De Novo Hearing Staff Report Page 15 of 17

16 Exhibit 5 De Novo Hearing Staff Report Page 16 of 17

17 Release & Termination of Conservation Easement De Novo Hearing Staff Report Page 17 of 17